Irish Community Connections by Irish Community News
Irish Pastoral Centre - Immigration News
Posted on Wednesday, August 29, 2012 at 11:59 AM
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- What happens when you overstaying on a 90-day holiday visa waiver to the USA
By Kieran C. O Sullivan
Travel and detention issues
This week we had another Irish person detained near the border after overstayed a visa and coming in contact inadvertently with US border officers. Because of confidentiality reasons we are not in a position to release further information. However, we want to remind people who are traveling across this summer to take with them their valid passports, visas, and evidence of lawful status so they can present same for inspection if apprehended at or anywhere near the Canadian or Mexican borders.
Our chaplain, Fr. McCarthy has reminded me to issue an advisory similar to this in relation to people who are driving. He has visited Irish people in prisons where we have a number of those detained were as a result of routine traffic offenses.
We remind readers to use caution on the roads, avoid use of cell phones, use seat belts, obey rules of the road and have vehicles adequately insured, registered and inspected as required by law.
Travel also a risk for adjustment applicants
There are people who have filed for adjustment of status after marrying US citizens who think it is ok to travel abroad. Readers in this situation should know that while US Citizenship and Immigration Service (CIS) may have granted you authorization to work legally in the US, that certainly does not mean it may be safe for you to travel abroad just yet.
If an adjustment of status applicant has been unlawfully present in the US for more than 180 days, and you travel outside of the US before you are granted legal permanent residency status, you face a three year bar from reentering the US. If you have been undocumented in the US for more than one year, and you travel outside of the US before you are in actual physical possession of your green card, you face a ten year bar from reentering the US.
You should not travel outside of the US without a consultation about same with your immigration specialist or attorney.
Deferred Action to benefit some Irish
President Obamas directive recently referred to as Deferred Action is expected to benefit but a small number of Irish immigrants who have lived here undocumented since they were children. For more information on how to apply for employment status following this directive, readers are invited to our September clinic. Information on this deferred action is also on our website: www.ipcboston.org
You may request consideration of deferred action for childhood arrivals if you:
1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Our next clinic will be on September 4th at The Banshee, 934 Dorchester Avenue, Dorchester at 6:30 pm. Email me for more information on the above.